Massachusetts General Laws ch. 113A sec. 10 – Manner of making, amending, or revoking anatomical gift of decedent’s body or part
Section 10. (a) An individual authorized to make an anatomical gift under section 9 may make an anatomical gift by a document of gift signed by the individual making the gift or by that individual’s oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
Terms Used In Massachusetts General Laws ch. 113A sec. 10
- Donor: The person who makes a gift.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
(b) Subject to subsection (c), an anatomical gift by a person authorized in section 9 may be amended or revoked orally or in a record by any member of a prior class who is or becomes reasonably available after the execution of the document of gift. If more than 1 member of the prior class is or becomes reasonably available after the document of gift was executed, the gift made by an individual authorized under section 9 may be:
(1) amended only if a majority of the reasonably available members agree to amend of the gift; or
(2) revoked if a majority of the reasonably available members agree to the revoking of the gift or if the available members are equally divided as to whether to revoke the gift.
(c) A revocation under subsection (b) shall be effective only if the procurement organization, transplant hospital, physician or technician knows of the revocation before an incision has been made to remove a part from the donor‘s body or before an invasive procedure has begun to prepare the recipient.